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2018 (12) TMI 1803 - AT - Service TaxCENVAT Credit - Cenvat credit attributable to the exempted service has been reversed - liability on the part of appellant to pay 6%/8%, in terms of Rule 6(3) of Cenvat Credit Rules, 2004 - HELD THAT:- Considering the submissions of the ld. Counsel that the entire Cenvat credit attributable to the exempted service has been reversed, the demand under Rule 6(3) i.e. 6%/8% of the value of exempted service will prima facie not survive - However, the calculation of Cenvat credit attributable to exempted service has not been verified by the lower authorities. As per the submission of the ld. Counsel, reversal was shown in the periodical returns filed with the department which has not been seen by the department as the same was not submitted at the time of adjudication. The matter should go back to the Adjudicating Authority to verify the quantum of Cenvat credit attributable to the exempted service and reversal thereof - appeal allowed by way of remand.
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